# Air Pollution Control Board

San Diego County Air Pollution Control District



### AGENDA ITEM Governing Body

GREG COX
First District

DIANNE JACOB
Second District

PAM SLATER

- PRICE
Third District

RON ROBERTS
Fourth District

BILL HORN
Fifth District

Documentum Version 3.1 DATE: December 5, 2012 

# AP01

TO: Air Pollution Control Board

SUBJECT: NOTICED PUBLIC HEARING

– ADOPTION OF PROPOSED

REDESIGNATION REQUEST AND MAINTENANCE PLAN FOR THE
1997 NATIONAL OZONE STANDARD (D ISTRICT : All )

SUMMARY:

Overview San Diego County has attained the 1997 National Ambient Air Quality Standard for ground

- level ozone, a common air pollutant. Attainment is a significant air quality and public health achievement resulting from a long

- standing program to cost

- effectively

r educe air pollutant emissions from nearly every source in the region. San Diego County is now eligible to be redesignated under federal law from a "moderate nonattainment area" to an "attainment area" for this standard. Today's action to approve
the Ozon e Redesignation Request and Maintenance Plan will initiate the process for redesignation to attainment.

If adopted by your Board, the Ozone Redesignation Request and Maintenance Plan will be forwarded to the California Air Resources Board for approval and submittal to the U.S. Environmental Protection Agency. The federal agency may issue a ruling to redesignate the region to an attainment area for the 1997 ozone standard after evaluating the request and verifying that the criteria for redesignation have be en met.

Redesignation to attainment of the 1997 ozone standard primarily requires demonstrating that all applicable federal requirements associated with the standard have been met, and demonstrating that the region will maintain compliance with the standar d in future years. The proposed Ozone Redesignation Request and Maintenance Plan fulfill these requirements. Ozone

- forming emissions are projected to further decline through the next decade due to the existing program to control emissions and no future

v iolations of the standard are anticipated.

Redesignation to attainment of the 1997 national ozone standard is effectively an administrative process that will not result in any regulatory relief to the region. Nevertheless, it will serve as acknowledgement of the region’s substantial efforts andSUBJECT: NOTICED PUBLIC HEARING

– ADOPTION OF PROPOSE D REDESIGNATION REQUEST AND MAINTENANCE PLAN FOR THE 1997 NATIONAL OZONE STANDARD (DISTRICT: All)

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- progress in reducing ozone air pollution. Moreover, the corresponding Maintenance Plan will help ensure the compliance with the standard is maintained in future years

.

Recommendation(s)
AIR POLLUTION CONTROL OFFICER
1. Find that the adoption of the Ozone Redesignation Request and Maintenance Plan is exempt from the provisions of the California Environmental Quality Act pursuant to California Code of Regulations Title 14, Section 15061(b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment, and pursuant to California Code of Regulations, Title 14, Section 15308, as an action taken to assure the protection of the environment, where the regulatory process involves procedures for protection of
the environment.

2. Adopt the Resolution entitled RESOLUTION ADOPTING A REDESIGNATION REQUEST AND MAINTENANCE PLAN FOR THE 1997 NATIONAL OZONE
STANDARD FOR S AN DIEGO COUNTY.

3. Direct the Air Pollution Control Officer to submit the resolution and the accompanying Ozone Redesignation Request and Maintenance Plan to the California Air Resources Board for expeditious approval and submittal to the U.S.
Environmental Protection Agency

.

Fiscal Impact Adoption of the proposed Ozone Redesignation Request and Maintenance Plan will initiate an administrative process that has no fiscal impact on the Air Pollution Control District. The Maintenance Plan will be implemented with existing staffing and
resources identified in the Fiscal Year 2012

- 13 Oper ational Plan in the Air Pollution Control District. There will be no change in net General Fund cost and no additional staff years.

Business Impact Statement Adoption of the proposed Ozone Redesignation Request and Maintenance Plan will initiate an administrative process that has no impact on businesses. The Maintenance Plan imposes no new or modified air pollution control requirements on businesses.

Advisory Board Statement At its meeting on October 10, 2012, with a quorum present, the Air Pollution Control District Advisory Committee unanimously voted in support of the Air Pollution Control
District’s recommendations.

BACKGROUND:SUBJECT: NOTICED PUBLIC HEARING

– ADOPTION OF PROPOSE D REDESIGNATION REQUEST AND MAINTENANCE PLAN FOR THE 1997 NATIONAL OZONE STANDARD (DISTRICT: All)

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- Ozone occurs natural ly and is beneficial in the upper atmosphere, shielding the earth from the sun's harmful ultraviolet rays. However, ground

- level ozone is a highly reactive and harmful air pollutant, formed i n the air by reactions of other air pollutants

— namely volatile o rganic compounds (VOC) and oxides of nitrogen (NOx)

— in the presence of sunlight and heat

. When inhaled, ozone can irritate and inflame the lining of the lungs and trigger a variety of health problems including chest pain, coughing, throat irritation, and congestion.

The U.S. Environmental Protection Agency (EPA) established a National Ambient Air Quality Standard (NAAQS or standard) for ozone in 1997. The standard is attained when, at each ozone monitor in the region, the three

- year average of the annual fourth

- highest daily maximum 8

- hour average ozone concentration is no more than 84 parts per billion. (Stated differently, in a billion units of air there can be no more than 84 units of ozone present.)

The EPA designated areas as either attainment or non attainment for the 1997 national ozone standard based on monitoring data collected over the 2001

- 2003 period. EPA further classified nonattainment areas as marginal, moderate, serious, severe, or extreme nonattainment based on the severity of ozone pollut ion in the area. Currently San Diego County is designated a moderate
nonattainment area for the 1997 national ozone standard based on a monitored ozone level of 93 parts per billion over the 2001

- 2003 period.

However, o zone monitoring data for 200 9

- 201 1 s how that San Diego County has attained the
1997 ozone standard with an ozone value of 82 parts per billion over the recent three

- year period.

A vailable monitoring data for 201 2 show the region continues to attain the standard

. In fact, so far this year 2012 has been the cleanest year on record.

The District has reviewed the statutory criteria and federal guidance documents addressing redesignation to attainment, and concludes redesignation to attainment of the 1997 national

oz one standard is warranted. Accordingly, an Ozone Redesignation Request and Maintenance Plan have been prepared (Attachment B) for consideration of approval by your Board and submittal to EPA through the California Air Resources Board (CARB).

Comprehensive Program to Reduce Ozone Air Pollution
Air pollution control in San Diego County is a shared responsibility among local, s tate, and federal agencies pursuant to state and federal laws

. The District regulate s emissions from non

mobile (stationary) sources, such as stationary industrial and commercial sources, and some area

wide sources such as coatings and industrial solvents. At the s tate level, the C ARB adopts
measures to reduce emissions from on

- road motor vehicles, off

- road vehicles and equipment,
fuel s, and consumer products. At the national level, the EPA regulates off

- road equipment and interstate sources such as ships, trains, aircraft, and out

- of

- state vehicles.

The District

—under the leadership of your Board and in collaboration with federal, s t ate, and local agencies and the residents , businesses, and civic groups of San Diego County

— has worked hard to efficiently and cost

- effectively reduce ozone

- forming emissions from nearly every source to ensure cleaner air for all San Diegans. The resultin g long

- term, downward trend in ozoneSUBJECT: NOTICED PUBLIC HEARING

– ADOPTION OF PROPOSE D REDESIGNATION REQUEST AND MAINTENANCE PLAN FOR THE 1997 NATIONAL OZONE STANDARD (DISTRICT: All)

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- levels is illustrated below in Figure 1. The air quality improvement has occurred despite substantial growth in population and motor vehicles, reflecting the effectiveness of the emissions control program.

Figure 1 Ozone Improvement Despite Growth

Criteria for Redesignation to Attainment The Clean Air Act identifies the five basic requirements that must be met before EPA can redesignate a nonattainment area to attainment for a particular standard. A full demonstration of compliance with each requirement is presented in the proposed Redesignation Request and Maintenance Plan for the 1997 national ozone standard. In summary: (1) San Die go County has
attained the 1997 national ozone standard based on current air quality data; (2) implementation requirements under the Clean Air Act have been met; (3) no submittals to EPA are currently disapproved, conditionally approved, or partially appro ved ; (4) the region's improvement in air quality is due to permanent and enforceable emission reductions resulting from air pollution
control regulations; and (5) a Maintenance Plan meeting federal requirements has been prepared, demonstrating how the regi on will maintain compliance with the standard for 10 or more years

.

The proposed Maintenance Plan demonstrates that total regionwide ozone

- forming emissions are projected to continue declining through the next 10 years due to the existing emissions control program. In fact, much of the emissions reduction benefit of currently adopted rules and regulations has yet to be realized and is projected to occur in future years due to the continued replacement of older vehicles, engines, and equipment with newer un its subject to more stringentSUBJECT: NOTICED PUBLIC HEARING

– ADOPTION OF PROPOSE D REDESIGNATION REQUEST AND MAINTENANCE PLAN FOR THE 1997 NATIONAL OZONE STANDARD (DISTRICT: All)

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- emission control requirements. T herefore no future violations of the 1997 national ozone standard are anticipated.

No Regulatory Implications of Redesignation

T he proposed Ozone Redesignation Request is effectively an adminis trative process and the
Maintenance Plan , if approved, would impose no new or modified air pollution control requirements. Moreover, the Redesignation Request, if granted, would not impact the region's nonattainment status and ongoing efforts to attain th e more health

- protective 2008 national ozone standard (8

- hour average of 75 parts per billion) and s tate ozone standards (8

- hour average of 70 parts per billion and 1

- hour average of 94 parts per billion). These standards are subject to planning and imple mentation requirements that are well underway and attaining them will require additional emission reductions. Nevertheless, the region has made expeditious progress toward meeting these standards, further demonstrating the effectiveness of the emissions c ontrol

program.

Environmental Statement The California Environmental Quality Act (CEQA) requires environmental review for certain actions. The District conducted a preliminary review of whether CEQA applies to the adoption
of the proposed Ozone Redesignation Request and Maintenance Plan. The proposed actions will initiate an administrative process and will not result in new or the relaxation of existing air pollution control requirements. Therefore, the adoption is exempt from the provisions of CEQA pursuant to California Code of Regulations, Title 14, Section 15061(b)(3) since it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment, and pursuant to Section 15308 as an action taken to assure the protection of the environment, where the regulatory process involves procedures for protection of the environment. Pursuant to Section 15062, a Notice of Exemption will be prepared and filed upon the Board’s adoptio n of the proposed Ozone Redesignation Request and Maintenance Plan.

Linkage to the County of San Diego Strategic Plan Today’s proposed actions support the Sustainable Environments Initiative in the County of San Diego’s 2012

- 2017 Strategic Plan with an ob jective to p romote an environment where residents can enjoy clean air

. The Maintenance Plan provides for ongoing reductions in ozone

- forming emissions and helps ensure that County residents will continue to have cleaner air to breathe for
years to come

.SUBJECT: NOTICED PUBLIC HEARING

– ADOPTION OF PROPOSE D REDESIGNATION REQUEST AND MAINTENANCE PLAN FOR THE 1997 NATIONAL OZONE STANDARD (DISTRICT: All)

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- ATTACHMENT(S)
Attachment A

- Resolution Adopting the Ozone Redesignation Request and Maintenance Plan
Attachment B

- Ozone Redesignation Request and Maintenance Plan
Attachment C

– Workshop ReportSUBJECT: NOTICED PUBLIC HEARING

– ADOPTION OF PROPOSE D REDESIGNATION REQUEST AND MAINTENANCE PLAN FOR THE 1997 NATIONAL OZONE STANDARD (DISTRICT: All)

AGENDA ITEM INFORMATION SHEET

REQUIRES FOUR VOTES : [] Yes [ X ] No

WRITTEN DISCLOSURE PER COUNTY CHARTER SECTION 1000.1 REQUIRED [] Yes [ X ] No

PREVIOUS RELEVANT BOARD ACTIONS: May 23, 2007 (AP01), Adopted Eight

- Hour Ozone Attainment Plan for San Diego County;
December 11 , 2002 (AP02), Adopted Ozone Redesignation Request and Maintenance Plan.

BOARD POLICIES APPLICABLE:
N/A

BOARD POLICY STATEMENTS:
N/A

MANDATORY COMPLIANCE : N/A

ORACLE AWARD NUMBER(S) AND CONTRACT AND/OR REQUISITION NUMBER(S):
N/A

ORIGINATING DEPARTMENT: Air Pollution Control District

OTHER CONCURRENCE(S ): N/A

CONTACT PERSON(S):

ROBERT J. KARD ROBERT REIDER

Name Name (858) 586

- 2700 (858) 586

- 2640

Phone Phone (858) 586

- 2701 (858) 586

- 2701

Fax Fax
O

- 176 O

- 176

Mail Station Mail StationSUBJECT: NOTICED PUBLIC HEARING

– ADOPTION OF PROPOSE D REDESIGNATION REQUEST AND MAINTENANCE PLAN FOR THE 1997 NATIONAL OZONE STANDARD (DISTRICT: All)

Robert.Kard@sdcounty.ca.gov Robert.Reider@sdcounty.ca.gov

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- mail E

- mail